Judgment unanimously reversed, on the law and facts, with costs, and complaint dismissed.
Memorandum:
It was error to award judgment to plaintiff on its action for breach of contract on the theory of substantial performance. In order to recover for substantial performance, the plaintiff must establish that its failure to perform was inadvertent or unintentional and that the defects were insubstantial (see, Jacob & Youngs v Kent, 230 N.Y....
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